Chapter XVI · Utilities

Article 3. Wastewater (Sanitary Sewer) Service - Rates, Charges and Regulations

Sections 16-301 to 16-331 · 31 sections

16-301 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:

BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter.

Building Sewer — shall mean the pipeline from the building to the public sewer.

Garbage — shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial Wastes — shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

Natural Outlet — shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

OnSite Wastewater Treatment System — shall mean a private treatment system (septic system).

Person — shall mean any individual, firm, company, association, society, corporation, or group.

pH — shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly Shredded Garbage — shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than onehalf inch in any dimension.

Public Sewer — shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary Sewer — shall mean a sewer which carries wastewater and to which storm, surface, and groundwaters are not intentionally admitted.

Sanitary Sewer System — shall mean all facilities to collect, pump, treat and dispose of wastewater.

Sewage — shall mean the waste matter carried within wastewater.

Sewer — shall mean a pipe or conduit for carrying sewage.

Sludge — shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five (5) times the average 24 hour concentration or flows during normal operation.

Storm Drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage but excludes wastewater other than unpolluted cooling water.

Suspended Solids (SS) shall mean solids that either float on the surface of, or are in suspension in wastewater, and which are removable by laboratory filtering.

Wastewater — shall mean the watercarried wastes from residences, business buildings, institutions, and industrial establishments.

Wastewater Treatment Plant — shall mean any arrangement of devices and structures used to treat wastewater.

Watercourse — shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 1397, Art. I, Secs. 1:22; Code 2014)

16-302 Sewer Connection Required.

The owner of a house, building or structure used for human habitation, employment, recreation or other purposes, situated within the City and abutting on any street, alley or rightofway in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at his or her expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article, within ninety (90) days after date of official notice to do so, provided that the public sewer is within 200 feet of the property line. An exception to this requirement is permitted when the house, building or structure is served by an operable onsite wastewater treatment system, in such case a connection to the public sewer will not be required until such time as the onsite wastewater treatment system fails.

(Ord. 1397, Art. II, Sec. 4; Ord. 1953; Code 2014)

16-303 Standards.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the people, joint, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(Ord. 1397, Art. IV, Sec. 6)

16-304 Building Sewer; Elevation.

Whenever possible, the building sewer shall be brought to the buildings at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(Ord. 1397, Art. IV, Sec. 7)

16-305 Roof, Foundation Drains.

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 1397, Art. IV, Sec. 8)

16-306 Building and Plumbing Codes to Control.

The connection of the building sewer into the public sanitary sewer shall conform to the requirements of the building and plumbing code or sanitary sewer construction specifications of the City. Any deviation from the prescribed procedures and materials must be approved by the Utility Director before installation.

(Ord. 1397, Art. IV, Sec. 9)

16-307 Sewer System Impact Fee.

A System Impact Fee for each residential, commercial and industrial connection to the City’s main shall be paid to the City at the time a building permit is issued in an amount established by the City Council based upon the discharge size or type.

(Ords. 1872, 2081, 2174, 2241, 2264, 2338; Code 2014)

16-308 Wastewater Rates Established.

The service charge per month shall be as established by the City Council. In addition, each contributor shall pay a user charge rate for operation and maintenance including depreciation replacement and debt retirement a rate per 1,000 gallons additional of water (or wastewater) as established by the City Council. For residential customers, the monthly sewer user charges will be based on an average monthly water usage billed during the months of December, January, February and March. Until a residential customer establishes a December, January, February and March average, the monthly user charge shall be either the actual water used or a maximum of 6,000 gallons per month.

(Ords. 1971A 2002, 2023, 2073, 2155, 2174, 2194, 2241, 2264, 2296, 2327, 2350, 2379; Code 2014)

16-309 Meters When Premises Not on City Water.

The quantity of water used upon any premises with a sewer connection or within a sewer district shall be measured by the water meter or meters serving the premises. Provided, however, that if any user with a sewer connection or within a sewer district shall purchase water from a source other than the City’s water system, then such user shall, at his or her expense, install and maintain on the premises a water meter or meters satisfactory to the City, which meter shall measure all water received on the premises from all sources and in such case the wastewater rate to be charged such user shall be based upon the aggregate quantity of water received on the premises as measured by the meter or meters.

(Code 1970, 2738; Code 2014)

16-310 Private Sewer System.

Where a public sanitary sewer is not available under the provisions of Section 16302, the building sewer shall be connected to an onsite wastewater treatment system that complies with the provisions of this Article.

(Ord. 1397, Art. III, Sec. 1)

16-311 Same; Permit.

Before commencement of construction of an onsite wastewater treatment system the owner shall first obtain a written building, plumbing and electrical permit from the Building Official, and obtain a permit from the Wyandotte County Health Department. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary. A permit and inspection fee as established by the City Council shall be paid to the City at the time the application is filed.

(Ord. 1397, Art. III, Sec. 2)

16-312 Same; Inspection.

A permit for an onsite wastewater treatment system shall not become effective until the installation is completed to the satisfaction of the Wyandotte County Health Department. The City and the Wyandotte County Health Department shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City and the Wyandotte County Health Department when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the City and the Wyandotte County Health Department.

(Ord. 1397, Art. III, Sec. 3)

16-313 Same; Discharge.

(a)The type, capacities, location and layout of an onsite wastewater treatment system shall comply with all recommendations of the Kansas Department of Health and Environment as administered by the Wyandotte County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one (1) acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. 1397, Art. III, Secs. 4:5; Ord. 1669, Sec. 1; Ord. 1953)

16-314 Same; Expense.

The owner shall operate and maintain the onsite wastewater treatment facilities in a sanitary manner at all times, at no expense to the City.

(Ord. 1397, Art. III, Sec. 6)

16-315 Same; Additional Requirements.

No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Kansas Department of Health and Environment.

(Ord. 1397, Art. III, Sec. 7)

16-316 Old Building Sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test required by the Utilities Department to meet all requirements of this Article.

(Ord. 1397, Art. IV, Sec. 5)

16-317 Owner Responsibility.

The property owner is responsible for the building sewer to include the control of roots that could impact the public sewer.

(Code 2014)

16-318 Disposal of Sewage.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

(Ord. 1397, Art. II, Sec. 1)

16-319 Natural Outlet.

It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.

(Ord. 1397, Art. II, Sec. 2)

16-320 Privies, Etc. Unlawful.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

(Ord. 1397, Art. II, Sec. 3)

16-321 Prohibited Discharges; Stormwater, Etc.

(a)No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(b)Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged on approval of the City, to a storm sewer or natural outlet.

(Ord. 1397, Art. V, Secs. 1:2)

16-322 Same; Generally.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a)Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b)Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides (CN) in excess of two mg/l as CN in the wastes as discharged to the public sewer.

(c)Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(d)Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Wastewater Treatment Plant such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, mild containers, either whole or ground by garbage grinders.

(e)Any substances, materials, waters, or wastes if it appears likely in the opinion of the director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.

(f)Any liquid or vapor having a temperature higher than 150º F.

(g)Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between 32 and 150º F.

(h)Any garbage that has not been properly shredded.

(i)Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(j)Any waters or wastes containing chromium, copper, zinc, and similar objectionable or toxic substances or wastes with an excessive chlorine requirement.

(k)Any waters or wastes that contain phenols or other taste or odorproducing substances, in such concentrations that exceed limits after treatment of the composite sewage, to meet the requirements of State, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(l)Any radioactive wastes or isotopes of such halflife or concentration as may exceed limits in compliance with applicable State or federal regulations.

(m)Any waters or wastes having a pH in excess of 9.5.

(n)Materials which exert or cause.

(1)Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

(2)Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3)Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the Wastewater Treatment Plant.

(4)Unusual volume of flow or concentration of wastes constituting slugs as defined herein:

(o)Waters or wastes that contain substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of the Kansas Department of Health and Environment having jurisdiction over discharge to the receiving waters.

(p)Any waters or wastes having (1) a fiveday BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two percent (2%) of the average waste water flow of the City, shall be subject to the review of the director. Where necessary the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 1397, Art. V, Sec. 3:4)

16-323 Same; Pretreatment and Flow of Certain Discharges.

If any waters or wastes are discharged, or are proposed to be discharged to the public sanitary sewers, which waters contain the substances or possess, the characteristics enumerated in Section 16322, and which in the judgment of the director, may have a deleterious effect upon the Wastewater Treatment Plant, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the director may:

(a)Reject the wastes;

(b)Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)Require control over the quantities and rates of discharge; and/or,

(d)Require payment to cover the added costs to handle and treat the wastes not covered by existing taxes or wastewater charges under the provisions of Section 16328.

If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 1397, Art. V, Sec. 5)

16-324 Interceptors; Grease, Oil, Etc.

Grease, oil and sand interceptors shall be provided when they are necessary to properly handle liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 1397, Art. V, Sec. 6)

16-325 Preliminary Treatment Facilities Operation.

Where preliminary treatment or flowequalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

(Ord. 1397, Art. V, Sec. 7)

16-326 Control Manhole.

The owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole to facilitate observation. Sampling flow may be required to measure wastes. Such manhole, when required, shall be accessibly and safety located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.

(Ord. 1397, Art. V, Sec. 8)

16-327 Measurement and Test Standards.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole is available, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the Wastewater Treatment Plant and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a 24hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24hour composites of all outfalls whereas pH’s are determined from periodic grab samples.

(Ord. 1397, Art. V, Sec. 9)

16-328 Special Agreements.

No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.

(Ord. 1397, Art. V, Sec. 10)

16-329 Inspections to Be Allowed; Conditions.

(a)The Director, and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Article. The Director or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b)While performing the necessary work on private properties referred to herein, the Director or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 16326.

(Ord. 1397, Art. VII, Secs. 1:2)

16-330 Same; Entrance Through Easements.

The director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sanitary sewer system within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement that pertains to the private property involved.

(Ord. 1397, Sec. VII, Sec. 3)

16-331 Permit Required; Application.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sanitary sewer or appurtenance thereof without first obtaining a written permit from the City. Each dwelling house owner who shall be required or desire to make service connections with the sanitary sewer system in the City shall first make application in writing therefor to the Building Official, who shall issue a permit therefor.

(Code 1970, 2779; Code 1989)